The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-07-19

| YIN w L- XIX OF legal talent
| ~ fsN ~ NJ ~ Representatives
| "a ~ W n.y. Of the bars O.
MIA Ar 5! three States,
| w S&l\,LsW gathered within
| NSsrA the walls OF hel
! AZ 35N\~s3as> Court honse ia
| I'm y,l&A take part in any
| @.(JNL#aisS> trial. Indeed |,
| b.Mi-GI),, may be doubted
| 5'TLMNShyr II any such ''bat.
t' 1sS1"@ tic OF the giants
MRS NJ VIVA. was ever witness.
ed in any West Virginia court.
Judge George E. Boyd, OF this city, pre-
sides. 1t was reported early In the morn.
ing that change Of venus to Ohio coun.
ty would he moved tor by the defense on
the grounds OF prejudice. When the case
! was called snch move WAS made, the fol.
lowing petition being offered: g8zsii
iig, WANT TO COME TO WHEELING. 5{gtl
To he Hon. George Boyd. Judge Of the circuit Court
Of Hancock county. and nole holding s1me: "A
The petition Of Van B. Baker reepect-
fully represents that he Is now q prisoner
In confinement In the Jail OF said county,
upon two several Indictments found
against him on the 9th day Of June last
past, being at the present term oil said
court, in one Of which, being tho one that
Ia designated and numbered as No. l, he
Is accuHed OF the murder OF Mrs. Drusilla
McWha, aud in the other, being the one
that Is designated and numbered ~ No.
2, he is accused Of the murder Of Eliza
Baker, which said murders are alleged in
said indictments to have been committed
on the 9th day OF May last (lSS7; that
your Petitioner has so been in contna.
ment upon accusation OF said murdere
since the 18th day OF Msy, 1857; thst on
the - day OF June last your petitioner
being brought to the bar of your honors.
BILE court pleaded .'not guilty" to said in
dictments, respectively.
That your petitioner is convinced and
firmly believes that he cannot have fair
trial upon the said indictments in this
county, and as 60 showing and as showing
good cause why his trial should be 70.
moved 10 another county OF this State, he
ayers and depoHes as follows: ttss5s :,
The discovery On the morning OF May
10 ult. Of the murder Of the two persons
named (the said Eliza Baker having been
the wife of your petitioner and the said
Drueills MeWhs the mother of hia said
wife) revealed the commission OF double
crime Of peculiar atrocity. Popular feel.
ing at once became very much aroused
throughout not only. the immediate neigh
borhood in which the crime was commit
ted, but throughout the entire county,
The press Of nsighboring cities and towns
in this State and the States OF Pennsylya.
1ia and Ohio gave wide circulation to all
the details Of the crime, as also did the
local newspapers OF the county; so that
when, on thssecond day atterthe c,imeyour
petitioner was arrested accused OF ita com
m ssior,1 he feeling against him throughout
the enure county was very hostile and
bitter; aud such feeling has been evor
aimee industriously cultivated by tho pub
LEGATION in the newspaper press circulating
throughout said county, as well as by oral
publication, OF many false and slanderous
stories, to the great prejudice Of petition.
ec's regulations. AS result the minds OF
tho people Of the county generally have
been greatly warped and prejudiced
against your petitioner; and such prsju.
dice has grestly grown SINCE the last
meeting and adjournment OF this Court on
the second day Of this month. Thrests
Of mobbing your petitioner, and also
threats OF mobbirg or killing him in the
event of his acquit;al have been freely
made, es he IL informed and believes, in
the vicinity Of Holidays Cove and in
other parts Of the county, since the day
last named. Petitioner believes it to BIZ
very improbable that q Jury can be OBJ
tanned in this county for his trial at ell;
and that II q jury can be Obtained, ii
would be impossible for him to obtain
lair and impartial trial, such as he is en-.
titled to under the Constitution and laws
Of the State. II N f q, -
Pptitionerfnrther ayersand Gays that the
Sheriff OF this county, Robert L. Lindsay,
who has had the summon ing OF the regu-
lar and extra panels Of Jurors for this term
and whose duty it will be to summon tales-
men il such panels are exhausted, as peti-
toner believes will prove to be the case,
is not only uniriendly TO your petitioner,
but greatly prejudiced against him thst
1t Was upon the oath and information OF
said Sheriff, Robert Z. Lindsay, that the
warrant for the arrest Of your petitioner
was issued and upon which he YVES arrest.
ed 10y said SheriH) upon the accusation OF
aaid murders; that the said Sheriff;
Robert L, Lindsay, has repeatedly, since
said accusation WAS made and Bince che
last day Of eeEsion Of this court, made
statements strongly hottie to your petit
toner and adverse to his interests and the
cause Of his defense. & II
For which said several reasons and
causes your petitioner prayl your honor
ably Court to order that ssid causes be re-
moved to the Circuit Court OF Ohio couu-
ty, there TO be proceeded in and tried &C.
cording to law. And ha will eyer pray, etc.
The following affidavit accompanied the
petition: h, 4 n. !, i5g }33;;.
Hancock sounly to.,rit:
Before me, John r. Donehoo, q notary
public for said county, personally appear.
cd J. w. Plattenberg, who being first duly
sworn deposes and says as follows lse;,S i
That he is the editor and publisher OF
the Hancock county Courier, a newspaper
published at Fairyiew, in said county, and
has been iory eighteen years or more lsst
past during all Of (which time he has re-
sided in said county that he is very well
acquainted with many of the citizens Of
said county in all parts Of the came i thst
he has paid considerable attention to tho
condition and state OF feeling among the
people OF aaia county with reference to the
accusation OF murder pending upon two
indictments against Van B. Baker, now in
the jail Of said county, and he Is OF the
opinion and belief, derived from extensive
intercourse with the people Of naid county,
that there ID existing among said people a
very strong and general prejndice against
said Baker with reference to said accuse.
ton, and that it would be impossible in
the present state OF feeling to obtain q lair
and impartial jury for HIS trial. f}lsgii
| az Wv. PLArrENpEna.
81. i, s4B.$ PROCEEDINGS OPENED, ~
a Warm Day mud u Warm Contest II
| 5!}iE5t x Court. i3f;s MI 4,
The proceedings yesterday onded with,
out decision as to Tho cl,anga ~ n,aca Il